Bird v. Wooley
Supreme Court of Alabama
Error to tho Circuit Court of Talladega. Tried before tho Hon. Ezekiel Pickens. Assumpsit by Andrew Wooley, for the use of Jacob P. House, against Isaac Bird, the plaintiff in error, on the following note : £i $400. Four months after date we jointly and severally promise to pay Andrew Wooley, or bearer, four hundred dollars, for value received, this day of May, 1843. (Signed) Isaac Bird.” It appears by bill of exceptions, that the plaintiff read this note, and closed.
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Error to tho Circuit Court of Talladega. Tried before tho Hon. Ezekiel Pickens. Assumpsit by Andrew Wooley, for the use of Jacob P. House, against Isaac Bird, the plaintiff in error, on the following note : £i $400. Four months after date we jointly and severally promise to pay Andrew Wooley, or bearer, four hundred dollars, for value received, this day of May, 1843. (Signed) Isaac Bird.” It appears by bill of exceptions, that the plaintiff read this note, and closed. The defendant then proved by Andrew Wooley, the plaintiff in the action, that he was applied to by Jacob P. House, (the person…
1Opinion of the CourtChilton, C. J.
Wooley, the nominal plaintiff, is allowed to testify without objection, and we must regard his evidence the samo as if made by any disinterested witness ; his interest, which was waived, being against the party who examines him.
Tho question comes up, What is the legal effect of the facts to which he deposes I That the noto sued on was signed and delivered by the defendant, is admitted by 'the pleading ; for, under our statute, its execution could only bo put in issue by a sworn plea, which has not been put in. Being sued for the use of House, tho presumption is, that he has the beneficial…
2Cases cited3 opinions
- Wallace v. Branch BankSupreme Court of Alabama · 1840
- Brewer v. MorganSupreme Court of Alabama · 1848
- Planters' & Merchants' Bank v. BlairSupreme Court of Alabama · 1843
3Cited by1 opinion
- Barclift v. First Nat. Bank of HartselleSupreme Court of Alabama · 1932